This section limits where an intermediate bulk container recycling facility may be located, requires the owner to register it with the commission before operations begin, and requires the commission to inspect registered facilities and set an annual registration fee.
Sec. 26.3445. LOCATION OF INTERMEDIATE BULK CONTAINER RECYCLING FACILITY. (a) In this section: (1) "Intermediate bulk container" means a rigid or flexible portable packaging, other than a cylinder or portable tank, that is designed for mechanical handling, with a volume of at least 275 gallons. (2) "Intermediate bulk container recycling facility" means a site that accepts intermediate bulk containers for purposes of reconditioning the containers for reuse or disposal. (b) This section applies only to an intermediate bulk container regulated by the Pipeline and Hazardous Materials Safety Administration. (c) A person may not install or operate an intermediate bulk container recycling facility within 2,000 feet of a private residence. (d) An owner of an intermediate bulk container recycling facility shall register the facility with the commission not later than the 30th day before the date the facility begins receiving intermediate bulk containers. (e) At least once every three years, the commission shall conduct on-site inspections of intermediate bulk container recycling facilities registered under this section to determine compliance with laws under the jurisdiction of the commission. (f) The commission by rule shall impose an annual fee for registering an intermediate bulk container recycling facility under this section in an amount sufficient to cover the reasonable costs of administering the registration program, including costs associated with: (1) implementing the registration program; and (2) inspecting registered facilities. (g) A fee received by the commission under this section shall be deposited to the general revenue fund to the credit of the water resource management account. Fees deposited under this section may be appropriated only for purposes of this section. (h) A facility is exempt from the application of this section if the facility does not stage, store, or process more than 50 intermediate bulk containers at any time. (i) This section does not limit the authority of a municipality to adopt an ordinance prohibiting the operation of an intermediate bulk container recycling facility within 2,000 feet of a private residence. Added by Acts 2025, 89th Leg., R.S., Ch. 1043 (H.B. 3866), Sec. 3, eff. September 1, 2025.